The Himachal Pradesh High Court has intervened in the unopposed election of Rajya Sabha MP Anurag Sharma, issuing formal notices to the lawmaker, the Election Commission of India (ECI), and both the Central and State governments following a Public Interest Litigation (PIL) challenging his eligibility.
The Division Bench, comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi, took up the petition filed by Advocate Vinay Sharma. The court has directed all respondents, including the returning officer, to submit their replies by May 21.
The petition centers on the validity of Anurag Sharma’s nomination for the state’s lone Rajya Sabha seat, to which he was elected unopposed on March 9. The petitioner alleges that at the time of filing his nomination papers, Sharma was ineligible to contest under the prevailing electoral laws.
The primary contention rests on Section 9A of the Representation of the People Act, 1951. This specific provision dictates that a candidate is deemed invalid if they hold an active contract with the government for the supply of goods or the execution of any works undertaken by that government at the time of their nomination.
According to the PIL, Sharma allegedly held seven active contracts with the state government during the nomination period. The petitioner argues that these subsistence contracts should have resulted in the immediate disqualification of his candidature.
The petition further claims that the returning officer failed in their duty to properly scrutinize the nomination papers. Despite the alleged existence of these active government contracts, the nomination was accepted, leading to Sharma’s uncontested victory.
The High Court’s decision to seek responses from the ECI and the government marks a significant development in the scrutiny of parliamentary eligibility and the adherence to the Representation of the People Act within the state.
